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Saskatoon councillor Darren Hill gets to remain a member of city council and continue representing the residents of Ward 1.
A Court of Queen’s Bench decision dismissed an application from the City of Saskatoon on whether Hill should be forced to resign his seat after he missed the Feb. 16 deadline to file campaign expenses from last November’s civic election.
According to the city’s bylaw, an elected councillor who files late is disqualified and must immediately resign. However, in April, city council decided to let a judge determine Hill’s fate.
In his decision, Justice Richard Danyliuk said it was not a “black and white” case and Hill’s personal circumstances had to be taken into account.
“There is no evidence to even suggest Mr. Hill deliberately flouted the bylaw requiring his campaign disclosure,” Danyliuk wrote.
“This is not a situation where Mr. Hill would not file. It is instead a situation he could not file.”
Danyliuk noted no one was misled; no financial loss or benefit was caused by Hill filing 16 days after the deadline passed.
Hill claimed the reason he missed the filing deadline was a “perfect storm” of health issues which “crested” in the first three months of 2021.
Hill stated he was suffering from the effects of a traumatic brain injury that occurred in 2016 and dealing with the end of a relationship with his partner of 19 years. On Feb. 1 he was diagnosed with COVID-19 and suffered from a variety of ailments, including brain fog.
Danyliuk was critical of city council’s decision to refer the matter to the court, suggesting the Hill case is an example of the stigma in society with mental health issues.
“Frankly, had Mr. Hill suffered a serious heart attack or been diagnosed with cancer in early February 2021 and therefore been late with the filing his disclosure as a result of symptoms and treatment, I have doubts that we would be here at all,” the justice wrote.
“Because a significant component of Mr. Hill’s difficulties involved him being unwell mentally and emotionally, I have sensed a decided lack of acceptance that this could have caused him to be late with his filing.”
In a written statement, Mayor Charlie Clark said he was glad to have a decision so that council can focus on running the city.
He said had council made the decision itself, it may have dragged the matter out for longer.
“City Council followed the law and took the approach that would provide a definite resolution in the shortest period of time,” Clark wrote. “With any decision council would have made itself, there was the possibility of an appeal mechanism that would have extended the period of uncertainty.”
Hill did finally file on March 4, with expenses totaling $14,977.49.
